NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Shytot Pty Ltd v Marrickville Council [2004] NSWLEC 318 APPLICANT Shytot Pty Ltd PARTIES : RESPONDENT Marrickville Council FILE NUMBER(S) : 10058 of 2004 CORAM: Hussey C KEY ISSUES: Development Application :- Restricted Premises - appropriate location - disabled access - public interest LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2001 CASES CITED: DATES OF HEARING: 25/05/04-26/05/04 DATE OF JUDGMENT: 07/01/2004
APPLICANT Mr D Wilson, barrister Bray Jackson & Company
LEGAL REPRESENTATIVES: RESPONDENT Ms S Duggan, barrister Marrickville Council
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
1 July 2004
10058 of 2004 Shytot Pty Ltd v Marrickville Council
JUDGMENT
Background
1 This matter involves an appeal against council's refusal of a development application for alterations and refurbishment of an existing commercial building at 251 King Street, Newtown, for subsequent use as a Restricted Bookshop/Sex on the Premises establishment.
2 Insofar as the number of issues were initially raised, those remaining for the appeal concern: - location suitability, with regard to the proximity to other sensitive land uses, - disabled access,
- public interest. The site
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